This is a commercial transaction agreement between you ("Affiliate") and MassageExchange.com for the purpose of rewarding you with payment of a Commission for referring paying customers to our site.

To Join

To join, you must submit an application on our site and agree to the terms of this Agreement.

Promotion

You agree to promote MassageExchange.com by placing one or more affiliate banner ads on your WEB site on a high volume page, such as your home page, or by distributing our MassageExchange.com flyers with your Promo name on them. Placing an affiliate banner on a links page or in a so-called link-farm does not qualify.

To increase your success, you may also announce MassageExchange.com on a regular and recurring basis via your newsletters, events, classes, or other methods you feel successful. We do not, however, condone, mass unsolicited emailings.

Right to Terminate

We reserve the right to terminate our Agreement with you if we deem now or in the future that your business or site is:

1. Engaging in little or no promotional activity for the benefit of MassageExchange.com; or
2. Engaging in mass unsolicited emailings or similar SPAM tactics; or
3. Is inappropriate for our audience which may include, but is not limited to, sites which:
   • Promote violence; or
   • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or
   • Promote illegal activities; or
   • Violates intellectual property rights; or
   • Has explicit sexual content; or
   • For any other reason deemed to be reasonable by us.

Commission Structure

Commission is based on your referrals purchasing Full (a.k.a. paid) membership. We record your referrals via your Affiliate Code passed by your WEB link, or entered as a Promo Name (which is related to your Affiliate Code). Such codes are saved with each members profile when they initially sign up. In this way, you'll receive your commission whenever the member decides to purchase full membership, whether it's immediate, weeks,or even years after their initial signup.

We agree to pay you 50% of the members initial subscription fee paid. We may, if we choose, round your commission payment up or down to the nearest dollar, but such change shall be no greater than 10 cents per commissionable subscription. No commission is paid on renewals or re-subscriptions. Here are example subscription rates and associated commissions:

Our actual subscription rates may vary from time to time. If our rates do change your commission is automatically adjusted accordingly - it is always 50%.

Payment Schedule

Payments, if any, will be sent to the entity named on the Affiliate form, within 45 days of the end of each calendar quarter until such time as this Agreement has ended. Payments are made via PayPal and Affiliate must be a PayPal member to receive payments. Payments may be less any taxes required to be withheld under applicable law. Payments are made according to our Affiliate Report, which numbers are final and may not be disputed. Personal member information is kept in the strictest confidence and will not be included in the Affiliate Report.

Authority

Nothing in this agreement will serve to grant you any authority to act on our behalf. You are an independent contractor and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between us.

Site Interruptions

Although we make reasonable efforts not to have any interruptions to our site, such incidents do happen. Therefore, you agree not to hold us liable for any consequences as a result of such interruptions.

Term

Unless terminated earlier, this agreement shall continue until either of us notifies the other by email or postal mail that the agreement has ended. Commission earned and payable through to the date on which this agreement is ended, except in the case where this agreement is terminated by us for breach of terms by you in which case any accumulated monies due will be forfeited, will be paid in the normal course shown under the section Payment Schedule.

Reserved Rights

We reserve the right to modify the Commission Structure or anything is this this Agreement, at any time, at our sole discretion, by posting a new agreement on this site. We are not required to notify you of any changes to this agreement other than posting the changes on this site therefore we suggest you check this site regularly for the most up to date terms. Your continued link to us will be considered as acceptance of these changes.

Disclaimer

We make no warranties, representations or conditions with regard to the Affiliate Program, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Damages

We are not liable for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising by or from this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising out of or with respect to this Agreement shall in no event exceed the total Commissions actually paid by us to you under this Agreement.

Miscellaneous

This agreement may not be assigned, by operation of law or otherwise, without our prior written consent. Subject to the foregoing restriction, this agreement is binding upon, inures to the benefit of and is enforceable by the parties and their respective successors and assigns. This agreement shall be governed by the laws of the United States, state of California, Santa Clara County.

You may contact us about this Agreement at

MassageExchange.com
PO Box 4730
Mountain View, CA 94040
or
support@MassageExchange.com